UBC Phar400 Employment Law-11Oct2013

UBC | Phar400Pharmacy Management

Employment Law EssentialspharmacySOS.ca | Gerry Spitzner

October 11, 2013

pharmacySOS.ca | Gerry Spitzner 2

Overview of BC Employment and Labour Laws that govern hiring and the workplace.

Disclaimer: These items are intended for general informational purposes only and should not be construed or relied upon as legal advice. The legal issues addressed in these items are subject to changes in the applicable law. You should always seek competent legal advice concerning any specific issues affecting you or your business.

My Goal for you today is...


Thoughtstarter/important insight

Human Rights Act and BC Human Rights Code

Employment Standards Act

Labour Relations

Workers Compensation Act

Personal Information Protection Act (PIPA)

Employment interviews

Road Map for Today


Hiring staff and managing human resources is 10% law and 90% process – the fairness and consistency of your methods will determine your results.

Leadership, Communication and Systems are the key to fairness and consistency.

Talk to the head; speak to the heart. Manage things; lead people. Hire for attitude; train for skill.

Thoughtstarter | Important Insights

Why you should stay awake during this

One of the biggest issues facing Canadian Businesses today is...


The Most Common Areas of Dispute are…

◦Employment Contracts—interpretation and enforceability of terms, conditions and clauses.

◦Employment Dismissals / Terminations—wrongful, constructive and for cause.

◦Notice for Terminated Employees—disputes over severance packages and terms of dismissal.

◦Workplace Issues—harassment, violence, privacy, electronic media use, disability, medical leaves and absenteeism.

Employment and Labour Law Disputes


What’s the difference?

◦ EMPLOYMENT LAW in Canada generally refers to the law governing the relationship of an individual employee to an employer,

◦ as distinguished from LABOUR LAW, the law of unionized COLLECTIVE BARGAINING relationships.

◦ Employment law is concerned mainly with wrongful dismissal, and a complex mass of statute law dealing with minimum labour standards, human rights, occupational health & safety (OHS) and workers' compensation.

Employment Law and Labour Law


Human RightsThere are currently four key mechanisms in Canada to protect human rights: 1. The Canadian Charter of Rights

and Freedoms, 2. The Canadian Human Rights

Act, 3. Human Rights Commissions,

and 4. Provincial human rights laws

and legislation.


Human rights laws operate in two jurisdictions: the federal and the provincial

◦ Canadian Human Rights Act is administered and enforced by the Canadian Human Rights Commission and Tribunal.

◦ British Columbia Human Rights Code is administered by the BC Human Rights Tribunal.

◦ Both pieces of legislation are similar in the protections they provide

◦ Neither the federal nor provincial legislation trumps or supercedes the other. Rather, the appropriate legislation is determined according to which level of government regulates a specific area.

Human Rights in Canada | Overview


A statute originally passed by the Parliament of Canada in 1977

◦ goal of extending the law to ensure equal opportunity to individuals

◦ based on a set prohibited grounds such as gender, race disability, sexual orientation or religion

◦ applied throughout Canada, but only to federally regulated activities

(ie Fed Govt Dept’s, Crown Corps, private companies such as airlines, banks, telephone, radio and TV stations)

◦ each province and territory has its own anti-discrimination law that applies to activities that are not federally regulated

Canadian Human Rights Act


Most significant impact on HRM comes from human rights legislation.

Human rights law entitles every Canadian to equal opportunity to employment and the right to work each day free of discrimination and harassment.

Specifically, the act falls under the jurisdiction of the Federal Justice Department.

Comparable to Charter of Rights and Freedoms.

Canadian Human Rights Act


Examples of areas regulated by the federal government and governed by the Canadian Human Rights Act would include employment and services of:

◦ the federal government and all its ministries;

◦ all arms of the federal government such as the R.C.M.P. the Employment Insurance Commission or Canada Post;

◦ telecommunications, which are regulated by the CRTC, all inter-provincial transportation such as Air Canada and Via Rail;

◦ chartered banks, but not credit unions; and

◦ all unions attached to any of the above.

Human Rights | The Federal System


The BC Human Rights Code, applies to employers, service providers and all provincially regulated businesses and agencies.

Examples of provincially regulated areas include:

◦ all provincial, local & municipal government departments, services/policies;

◦ schools and universities;

◦ hospitals and medical clinics;

◦ all private businesses & services such as stores, restaurants, movie theatres;

◦ credit unions;

◦ non-profit organizations and some of the services they provide;

◦ rental accommodations including hotels and rental property; and the purchase of either residential or commercial property.

Human Rights |The System in BC


Prohibits discrimination in employment advertisements, wages, employment standards, and discrimination by unions and associations.

If another statute, such as the Worker's Compensation Act, conflicts with it, the BC Human Rights Code takes priority.

BC Human Rights Code


Discrimination and Harassment

◦ Discrimination and harassment is defined by it’s effect, not the intention.

◦ Does not have to be intentional to be illegal under the Code.

◦ It is the employer's responsibility to maintain working conditions free of discrimination and harassment,

◦ regardless of whether the employer is the cause of the discrimination or not.



Workplace & Sexual Harassment

◦ Serious issue in today's workplaces and can be quite costly for organizations.

◦ Ensuring a clear policy to address concerns and steps to try to resolve issues is a firm step to creating and maintaining a healthy workplace and avoiding legal turmoil.

◦ Employers are responsible for protecting their employees.

◦ Employers must investigate and deal with any harassment allegation.



Prohibited Grounds of Discrimination

◦ race, colour, ancestry, place of origin

◦ political belief, religion

◦ marital status, family status

◦ physical or mental disability

◦ sex, sexual orientation

◦ age

◦ conviction for a criminal or summary conviction offence that is unrelated to the job in question



Recruitment and selection

◦ Interviewing, reference checking

◦ Job postings

◦ The interview

◦ Making the offer

◦ Criminal reference checks

◦ Social Media



BC Employment Standards Act

ESA is legislation enacted by the provincial government to protect the rights of working people.


The Employment Standards Act sets out the minimum standards that apply in most workplaces in British Columbia.

The Employment Standards Branch of the Ministry of Labour administers the Act.

The ESA--refers to the basic or minimum employment conditions in any organization.



The purposes of this Act

◦ Sections within the act outline the employers responsibility to their employees,

◦ Notably things such as minimum wage, meal breaks, dispute resolution and parental leave.

◦ The act also works to protect residents of the province by preventing employment discrimination and to promote the fair treatment of employees and employers .



Scope of this Act

◦ Applies to all employees other than those excluded by regulation. None of the exclusions are retail or Pharmacy related.

◦ If a collective agreement contains no provision respecting a matter, the specified provision of this Act is deemed to be incorporated in the collective agreement as part of its terms.



Labour RelationsLabour relations--governs the relationship between a trade union and an employer.


The BC Labour Relations Board is...

◦ An independent, administrative tribunal with the mandate to mediate and adjudicate employment and labour relations matters related to unionized workplaces.

◦ The role of the union is to be the voice of employees, particularly during collective bargaining.

◦ As a result, not all organizations are covered by this legislation--only those that have unionized employees.

Labour Relations Board


Primarily concerned with collective bargaining and labour management relations in BC.

Governs all aspects of collective bargaining amongst the provincially-regulated employers and employees.

Guarantees the right of every employee to join a union.

Provides the means for union to be legally recognized as the exclusive bargaining agent for those employees.

Labour Relations Code


Collective Bargaining Agreements

◦ Collective bargaining produces a collective agreement which is a legal document outlining the terms and conditions of employment.

◦ Frequently referred to by the acronym of CBA.

◦ The labour contract sets down the relationship between the employer and the employees and among the employees themselves.

◦ The resolution of contract disputes is through a grievance procedure.

Labour Relations | CBA



This Act applies to all employers, and all workers in British Columbia except employers or workers exempted by order of the Board.


Workplace policies and practices must comply with applicable Occupational Health and Safety laws and regulations.

And with Workers' Compensation laws and regulations, which deal with compensation for accidents and disease.

Employees have a right to refuse to work without fear of reprisal if they believe it is unsafe for themselves or someone else.



Occupational Health and Safety (OHS)

◦ The OHS Regulation contains legal requirements that must be met by all workplaces under the inspection jurisdiction of WorkSafeBC.

◦ Many sections of the Regulation have associated guidelines and policies aimed at preventing injury and disease and promoting good health.

◦ Applies to all organizations and recent changes have placed more responsibility on employees for the creation and maintenance of a healthy and safe work environment.



Consider this list of OHS for Pharmacy...

◦ immunization, safe sharps disposal, returned

medication disposal, compounding labs, hazardous

materials, robbery prevention, ladders, step stools, box

cutters, deliveries, lifting, repetitive motion, anti-

fatigue flooring, height of the counter, lighting, air

conditioning, air quality, ventilation, first aid, repairs

and maintenance of broken drawers, flooring, counter

tops, staff washrooms, staff room.



Work Safe BC

◦ Dedicated to promoting workplace health and safety for the workers and employers of BC.

◦ Consult with and educate employers and workers and monitor compliance with the Occupational Health and Safety Regulation.

◦ Assessments are a % of employers payroll and are based on classification. The employer pays.



Personal Information Protection Act (PIPA)

The Office of the Information and Privacy Commissioner (OIPC) is independent from government and monitors and enforces British Columbia's Freedom of Information and Protection of Privacy Act (FIPPA) and Personal Information Protection Act (PIPA).


The federal government brought the Personal Information Protection and Electronic Documents Act (PIPEDA) into force in January /04.

BC chose to introduce its own legislation, namely the Personal Information Protection Act (PIPA),

Which regulates the collection, use and disclosure of personal information by private organizations.

Personal Information Protection Act


Legal requirements

◦ To be in compliance with the Act, every organization in B.C. must have appointed a person to oversee their personal information policy.

◦ Provincial employment standards mandate the collection and retention of some specific employee information, particularly with respect to payroll, employee files and resumes used for recruiting.

Personal Information Protection Act


Employment Interviews

The point of an employment interview is for the prospective employee and his or her potential employer to learn about one another and to determine whether or not they can work together successfully


Planning and preparation are the first steps

Job relevance is the key factor

Legal and illegal inquiries

How to deal with information that is volunteered

Consistency equals fairness

Plan same questions for all candidates

Keep the Interview Legal


Following are some of the key areas covered by fair hiring laws… interview questions do’s and don’ts.

Affiliations:

◦ Do not ask about clubs, social organizations, or union membership; do ask about relevant professional associations.

Age:

◦ Do not ask a candidate's age other than, "if hired," can a candidate produce proof that he or she is 18 years of age.

Alcohol or Drug Use:

◦ The only allowable question relating to current or past drug or alcohol use is, "Do you currently use illegal drugs?"

Legal and Illegal Inquiries


Criminal Record: ◦ Do not ask if a candidate has been arrested; you may

ask if the candidate has ever been convicted of a crime.

Culture/Natural Origin: ◦ You may ask if the individual can, "upon hire," provide

proof of legal right to work in Canada. You may ask about language fluency if it is relevant to job performance.

Colour/Race: ◦ No race-related questions are legal.



Disability:

◦ You may ask if candidates can perform essential job functions, with or without reasonable accommodation; and you may ask them to demonstrate how they would perform a job-related function. You may ask about prior attendance records. And you may require candidates to undergo a medical exam after an offer of employment has been made.

Marital/Family Status:

◦ Questions about marital status and family issues are discouraged except as they relate to job performance, as in the child care example.



Personal: ◦ Avoid questions related to appearance, home

ownership, and personal financial situation.

Religion: ◦ If Saturday or Sunday is a required work day, you

may ask candidates if they will have a problem working on those days.

Sex: ◦ You may ask if a candidate has ever worked under

another name. Be sure not to make gender-related assumptions about job capabilities.



'I don't think that question is appropriate'

There isn't any piece of legislation that protects someone from inappropriate or invasive questions

How to ask a personality question

How an interviewee should respond to a particularly nosy or irrelevant question



Want an electronic copy of this presentation?

◦Email me; [email protected]

To your business and professional success, thank you for your attention.

Questions?

Thanks

Follow Twitter: @passion4retail Connect LinkedIn:Gerry Spitzner Web: pharmacySOS.ca Blog: gerryspitzner.com Email:[email protected]

Online Biz Card: gerryspitzner.tel


Find me

Gerry Spitzner is an optimist with a natural "kid-like“ curiosity for improving life and business results. He believes

in a bright future and our ability to build it together and is passionate about making the public aware of the great

things Pharmacists do.

Drawing on 35+ years experience in multi-site retail Pharmacy operations, drug store ownership and the

Pharmaceutical wholesale supply-chain; Gerry brings the leadership, knowledge and market awareness of

business development to retail Pharmacy owners helping them achieve growth objectives. He teaches and

inspires Pharmacists to achieve results by aligning their vision with marketing strategy and operational execution.

Fascinated with a lifelong curiosity for why customers buy and a passion for retail Pharmacy; Gerry guides leaders

and organizations to create, engage and keep great customers by delivering the promise of an extraordinary

customer experience. He has devoted his life to sharing his thinking with other Pharmacy leaders to manage

market analysis and build business plans that increase profitability and create competitive advantage with systems

to implement.

His company is pharmacySOS.ca, a Vancouver-based business management consultancy with a suite of business

services focused on supporting Pharmacy owners starting, buying or strategically realigning their practice. With a

clear understanding of the business of Pharmacy he uses a solution oriented focus with ideas and alternatives that

clients can use to address the changing practice issues they face right now. Gerry understands who they are,

what they need, and where to find it; helping them market and strategically realign their professional and clinical

services to integrate the business activities of optimal drug therapy outcomes through patient centered care.


About |pharmacySOS.ca is about implementation; not just

information.